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YOUNG v. STATE

No. 169S13.

254 Ind. 379 (1970)

260 N.E.2d 572

YOUNG v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed July 22, 1970.

Attorney(s) appearing for the Case

Malcolm G. Montgomery, of Evansville, for appellant.

Theodore L. Sendak, Attorney General, Murray West, Deputy Attorney General, for appellee.

JACKSON, J.

This is an appeal from the judgment of the Vanderburgh Circuit Court wherein the appellant was convicted of the crime of second degree burglary.

The affidavit charging the appellant with the crime was filed on April 5, 1968, and reads in pertinent part as follows:

"HENDRICKS G. LUPTON being duly sworn upon his oath says that MARVIN LEON YOUNG on or about the 31st day of March A.D., 1968, at said County and State as affiant verily believes...

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